TWO petitioners have questioned the constitutionality of six appointments made by President Ferdinand Marcos Jr. to the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) in 2024, adding to a growing list of unresolved cases affecting the region.
Petitioners Saiden Abdulwahab and Zacaria Tuan challenged the legality of the presidential appointments, naming as respondents Bangsamoro Chief Minister Abdulraof Macacua and six other appointees to the Parliament of the Bangsamoro Transition Authority (BTA).
As of posting time, the petition has not been docketed by the Supreme Court ,and therefore not covered by the sub judice rule, according to a lawyer familiar with the matter.
Amid the development, constitutionalist Michael Mastura called for oral arguments among “Friends of the Court” (amicus curiae) to assist the Supreme Court in resolving a series of pending cases involving BARMM.
Mastura is a former member of the 1971 Constitutional Convention and a recognized amicus curiae.
His son, Bangsamoro Member of Parliament Ishak Veloso Mastura, who is also a lawyer and one of the respondents in the latest petition, said several cases affecting BARMM governance have remained unresolved.
Among these is Macapaar et al. vs. the Commission on Elections and the Bangsamoro Transition Authority, which continues to await resolution.
“This should not be happening. Ideally, dapat smooth na ang takbo ng pamamahala. Too many controversies only show disunity, not justice,” said Johar Sambolawan, a law graduate.
Sambolawan added that the unresolved disputes have broader consequences.
“Ang laki ng collateral damage nito. It does not inspire the workforce component; it rather lowers their morale. It doesn’t give good direction setting, depressing,” he said.
MP Mastura also cited other pending cases, including a petition for certiorari and prohibition questioning the constitutionality of Bangsamoro Autonomy Act No. 35, or the Bangsamoro Electoral Code.
The petition was filed by several individuals led by Atty. Dimnatang L. Pansar and others.
Another unresolved case involves Mohammad Yusop Tidal vs. the Bangsamoro Transition Authority and Ahod Balawag Ebrahim, in his capacity as interim chief minister of the Bangsamoro government (G.R. No. 267368).
The case stemmed from a petition for certiorari and prohibition under Rule 65 of the Rules of Court filed on June 14, 2023.
The latest petition also questioned the legislative powers of the Bangsamoro Parliament, alleging that some members exercised such authority on “trivial and inchoate grounds.”
In law, “inchoate” is an offense anticipating or preparatory to a further criminal act.
Earlier, the elder Mastura shared a separate opinion on the same presidential appointments, arguing that the Moro Islamic Liberation Front (MILF) leadership failed to fully embrace inclusivity in governance.
“Politically, the MILF leadership has cornered itself to ‘its own alone’ and never understood the concept of ‘inclusivity’ to serve the general or other than MILF-member constituencies,” Mastura said.
He added that the government nominees were not conceived as a “real opposition in the BTA” and were expected to act alongside MILF leadership.
“The way I read it, the listing based on replacements and new appointees is a product of assessment or performance evaluation of those who already served, not to mention the previous interim chief minister,” Mastura said.
He stressed that the appointments fall within the President’s power of general supervision under the Bangsamoro Organic Law and are “not necessarily” governed by the Comprehensive Agreement on the Bangsamoro.
